Why are convicted foreigners deported: UAE Court

Students’ visit to court to attend cases is part of ‘Nebras’ programme launched by the Family and Juvenile Prosecution in Dubai to make teens aware of the laws and consequences of committing crimes (Shutterstock)

By

Mohammad El Sadafy

PublishedSunday, May 10, 2015

The Federal Supreme Court of the UAE has clarified in a verdict when deportation should be issued against an accused, instead of a jail sentence.

Factors that affect the ruling include: investigating the criminal record of the person; checking whether or not s/he is a danger to the community; investigating conditions and behaviour if the person has a criminal record and circumstances that led to the crime; also the probability of committing another crime.

These are reasons taken into consideration by the court when issuing a deportation verdict.

The Supreme Court confirmed that the penalty of deportation can substitute the penalty of imprisonment, against a foreigner.

The court abolished a provision to replace the penalty of deportation as a substitute for imprisonment.

This came during its ruling in a case where the public prosecution referred two defendants to the Court of First Instance for abusing alcohol.

The Court of First Instance sentenced them to one month in imprisonment and a fine of Dh300.

The accused appealed to the Appeals Court, which issued a judgment of deportation against the two, instead of imprisonment.

The two then appealed the Federal Court.

The defendants said in their appeal that they are non-Muslims and didn’t take alcohol on public roads, but abused it coincidentally.

The court, however, said that the appeal did not include solid reasons which led the court to issue a deportation punishment as a substitute for custodial penalty.

The Federal Supreme Court ruling was based on Article 129 of the Federal Penal Code.